Patna High CourtCR. MISC./32069/2014bail granted

Pappu Das v. The State Of Bihar

2014-12-24Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.32069 of 2014 (3) dt.24-12-2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32069 of 2014 Arising Out of PS.Case No. -40 Year- 2013 Thana -KANHAULI District- SITAMARHI ======================================================

1. Pappu Das Son of Chhote Lal Das R/o Village - Matiyar Khurd, P.S. Sahiyara, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kanhauli P.S. Case No. 40 of 2013 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, 15-20 unknown dacoits committed dacoity in the house of the informant and took away cash of Rs. 2,50,000/-, ornaments and other house hold articles. During investigation name of the petitioner transpired in the confessional statement of co-accused Rakesh Das.

Submission at the bar for release of the petitioner is that the petitioner is not named in the FIR, he has not been put on

Patna High Court Cr.Misc. No.32069 of 2014 (3) dt.24-12-2014 test identification parade and nothing has been recovered form his possession and without any legal and cogent evidence, he is suffering in custody since 28.3.2014 to which the learned APP opposes.

In the facts and circumstances stated above, the petitioner Pappu Das is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 40 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T